Scarborough v. Baskin
Supreme Court of South Carolina
Before DanTzeer, J., Sumter, May, 1902. Proceeding to prove will in solemn form by Orlando C. Scarborough against Fannie A. Baskin et al. From Circuit decree, defendants appeal. cite: A non-expert witness cannot give an opinion without stating facts: 1 McM., 56; 38 S. C., 199; 1 Whar. & Stille Med. Jur., secs. 380, 378, 385, 454. As to testamentary capacity: 4 McC., 193; 1 Bail., 92; 2 Mill, 232; 11 Ency., 1 ed., 151; 7 Rich. E., 480; 25 Ency., 1 ed., 983, 984; 63 Am.
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Before DanTzeer, J., Sumter, May, 1902. Proceeding to prove will in solemn form by Orlando C. Scarborough against Fannie A. Baskin et al. From Circuit decree, defendants appeal. cite: A non-expert witness cannot give an opinion without stating facts: 1 McM., 56; 38 S. C., 199; 1 Whar. & Stille Med. Jur., secs. 380, 378, 385, 454. As to testamentary capacity: 4 McC., 193; 1 Bail., 92; 2 Mill, 232; 11 Ency., 1 ed., 151; 7 Rich. E., 480; 25 Ency., 1 ed., 983, 984; 63 Am. St. R., 94; 201 Pa. St., 490; 51 At. R., 336. As to burden of proof as to ill feeling: 25 Ency., 979. cite: Sanity is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
The contest here is over the testamentary capacity of Thomas Baskin, deceased. Testator’s will was executed 20th February, 1899. His death occurred in July, 1900. By the terms of the will, the testator gave his property to Orlando C. Scarborough and Dr. R. E. Dennis, “in trust to collect and hold the rents, income, issues and profits of the same annually and after paying the taxes thereon and any necessary repairs thereto, then to pay over, annually unto my wife, Fannie S. Baskin, one-half of the net residue thereof, for and…
2Cited by3 opinions
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- In Re: Washington's EstateSupreme Court of South Carolina · 1948
- Evans v. BatesSupreme Court of South Carolina · 1948